SANDIPKUMAR YOGENDRASINH ATODARIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The challenge in this petition is directed against order dated 22nd December, 2014 below Exhibit 11 in Criminal Appeal No.08 of 2014, passed by learned Sessions Judge, Navsari. The Criminal Appeal was filed against order dated 15/17th February, 2014 passed by the Collector, Navsari in exercise of powers under Section 6 of the Essential Commodities Act, 1955 directing seizure of the essential commodity, further providing that the vehicle in question which was also seized could be got released on furnishing of bank guarantee of Rs.12,00,000/ - being the value of the vehicle.

(2.) Application (Exh.11) was filed by the petitioner -the owner of the vehicle praying for release of the vehicle during the pendency and till outcome of the Appeal on appropriate conditions. As the said application came to be dismissed by the learned Sessions Judge, the aggrieved petitioner is before this Court.

(3.) The relevant facts, shorn off the unnecessary details may be noted. It appears that from a place behind a house of one Dahyabhai, quantity of government wheat was recovered upon a raid conducted on 26th March, 2013. The said essential commodity was found in the vehicle being Tata Tempo bearing No.GJ - 21 -V -5415 owned by the petitioner. It was alleged against the petitioner and another person one Maheshbhai Dahyabhai Patel that they acted in collusion to misappropriate the said essential commodity being the quantity of wheat comprised in 192 bags of 50 kg each. Against the petitioner it was the allegation that he mentioned about a bill issued from one Yogi Rice Mill which however was not produced during the inquiry and that he also did not produce the evidence regarding ownership of the vehicle.